The crime of smuggling of immigrants refers to the activity carried out in order to allow individuals to enter or leave one country illegally. This crime is considered within the categories of serious crimes such as trafficking in persons and smuggling of people, and is subject to various legal regulations at the national and international levels. Crimes related to the smuggling of migrants are often committed by organized criminal groups and pose great risks to the safety, health and fundamental rights of migrants.
Crime related to smuggling of immigrants
International cooperation is of great importance in the fight against smuggling of immigrants. The main reference documents in the international arena are the United Nations Convention against Transnational Organized Crime and the Protocol on the Smuggling of Migrants, which were put into effect by the United Nations (UN) in the framework of the fight against organized crime. These protocols impose various obligations on member states to prevent migrant smuggling, punish perpetrators and protect victims. Migrant smuggling crimes are one of the most complex areas of international law and can lead to serious sanctions. In such cases, the platform https://kirmizibultenturk.com/ is a reliable reference for obtaining detailed information, especially on the red notice processes. Expert support in resolving cross-border legal proceedings plays a crucial role in protecting citizens’ rights.
To effectively combat migrant smuggling, states need to strengthen border security, strengthen the capacity of security units fighting human smuggling, and improve international cooperation. In addition, comprehensive strategies should be developed to inform migrants, facilitate legal migration routes and dismantle smuggling networks. The crime of illegal immigration is an important and complex problem both from the point of view of protecting the rights of immigrants and from the point of view of ensuring the security of the borders of states. Therefore, it requires a multifaceted approach with legal, social and political dimensions.
What is the criminal smuggling of immigrants?
We often encounter questions about the crime of illegal immigration, or what is the illegal entry of foreigners into a country or the export of citizens or other foreign persons to another country in order to obtain direct or indirect benefit from this crime? the crime of illegal immigration.
Immigrant Smuggling Crime Tck
Obtaining legal support from an expert criminal lawyer at the stages of investigation and prosecution of a crime related to the illegal import of immigrants will yield useful results in terms of conducting a proper criminal process and preventing the loss of rights in this process. The text of Article 79 of the Turkish Penal Code is as follows:
(1) For the purpose of directly or indirectly obtaining illegal financial gain;
a) Allowing a foreigner to enter the country or allowing him to stay in the country,
b) Allowing Turkish citizens or foreigners to travel abroad,
The person shall be punished with imprisonment for a term of five to eight years and a judicial fine of one thousand to ten thousand days. (Additional sentence: 22.07.2010 – 6008/6 Art.) Even if the crime remains at the stage of attempt, the punishment shall be imposed as completed.2425
(2) (Additional paragraph: 22.07.2010 – 6008/6 Art.) Crime, victims;
a) endangers life,
b) commits it by means of degrading treatment,
In this case, the amount of the fine is increased by half to two thirds (23).
(3) (Amended: 12.06.2019-7196/56 Art.) This crime; If it is committed by several persons jointly, the amount of the penalty is doubled, and if it is committed within the framework of the activities of an organization, the amount of the penalty is increased by half to one time.
(4) If this crime is committed within the framework of the activities of a legal entity, specific security measures are applied to the legal entity.
Effective repentance in the crime of illegal immigration
The statute of limitations for the crime of illegal immigration is 15 years. The provisions on reconciliation do not apply to the crime of illegal immigration. Since the law considers this crime to be serious, it does not contain effective provisions on repentance.
See also: From an Ankara lawyer on the abolition of the waiting period
The material elements of the crime of illegal immigration
The main purpose of this crime is to obtain direct or indirect financial gain. The main motivation of the perpetrator to commit this crime is the desire to obtain material gain. Smuggling of immigrants is usually carried out in exchange for large sums of money.
The crime of illegal immigration requires the taking of certain actions. These actions include forging documents, organizing illegal border crossings, and clandestine transportation of immigrants.